Applying International Humanitarian Law in Judicial and by Derek Jinks, Jackson N. Maogoto, Solon Solomon

By Derek Jinks, Jackson N. Maogoto, Solon Solomon

The paintings analyzes the influence and implementation of overseas humanitarian legislations in judicial and quasi judicial our bodies. additionally, acknowledging the excessive effect family jurisdictions have within the configuration of overseas legislation, the ebook doesn't leisure merely in an research of the foreign jurisprudence, yet delves additionally into the query of the way household courts relate to overseas humanitarian legislation issues.

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Extra info for Applying International Humanitarian Law in Judicial and Quasi-Judicial Bodies: International and Domestic Aspects

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For a discussion on the concept of lex specialis, see McCarthy 2008, p. 101. 34 Pictet 1960, p. 36. 35 Explanations of Vote on Protocol II 1978, Belgium, VII Official records of the diplomatic conference on the reaffirmation and development of international humanitarian law applicable in armed conflicts, Geneva, 1974–1977, Federal Political Department, Bern, 1978, Annex, p. 76. 36 ICJ Nicaragua 1986, para 218. 37 It is remarkable that the Italian proposal concerning Common Article 3 during the 1949 negotiations stipulated that the rules contained therein ‘constitute the basis of universal humanitarian law’.

1 Introduction International humanitarian law (IHL) is based on the premise that armed conflicts can be categorised as either international under Common Article 2 of the Geneva Conventions1 or Article 1(4) of Additional Protocol I or non-international under Common Article 3 of the Geneva Conventions and/or Article 1 of Additional Protocol II. 2 What is more two different mechanisms of enforcement were applicable until the mid-1990s. While in international armed conflicts state responsibility and individual liability could be used to ensure the proper application of IHL, in times of non-international armed conflicts only state responsibility could be attached to violations of IHL, a system that failed inasmuch as there was no legal forum to address such issues and, thus, violations were left unpunished.

6 Statute of the International Criminal Tribunal for Rwanda. ’ Van den Herik 2005, p. 273. ’ Bassiouni 1999, p. 101. 34 N. 1 Common Article 3 Common Article 3 provides a set of international humanitarian rules applicable in ‘case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties’. Unfortunately for lawyers, it is remarkably silent on the circumstances when it is applicable since it does not impart a definition. e. e. Common Article 3 conflicts covers conflict that are not of international nature.

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